Madras High Court
K.Rajamani vs The Deputy Registrar Of ... on 16 July, 2021
W.A. No.559 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.07.2021
CORAM
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA
and
THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY
W.A. No.559 of 2021
K.Rajamani ... Appellant
vs
1. The Deputy Registrar of Coop.Societies,
Pollachi Circle, Pollachi.
2. The Deputy Registrar of Coop.Societies,
Coimbatore Circle, Coimbatore.
3. The Special Officer,
Chenchery Malaiyadipalayam Farmers Service,
Coop.Society,
Chenchery Malaiyadipalayam,
Sulthanpet, Coimbatore. ... Respondents
****
Prayer: Writ Appeal filed under clause 15 of the Letters Patent to set aside
the orders passed by this Court made in W.P.No.10695 of 2009 dated
22.07.2011 by allowing this Writ Appeal.
****
https://www.mhc.tn.gov.in/judis/
Page No.1 of 5
W.A. No.559 of 2021
For Appellant : Mr.C.Prakasam
For R1&R2 : Mr.C.Jayaprakash
Government Counsel
For R3 : Mr.L.P.Shanmugasundaram
JUDGMENT
(Judgment of Court was delivered by PUSHPA SATHYANARAYANA, J.)
The writ appeal has been filed against the order dated 22.07.2011
made in W.P.No.10695 of 2009, wherein, the appellant/writ petitioner has
challenged the enquiry notice issued under Section 87(1) of the Tamil Nadu
Co-operative Societies Act. The learned Single Judge, who heard the above
Writ Petition along with several Writ Petitions which relate to suspension,
dismissal, attachment notice, enquiry, regularisation etc., passed a common
order on 22.07.2011 in W.P.Nos.124 of 2009 etc, batch.
2. However, so far as the appellant/Writ Petitioner in
W.P.No.10695 of 2009 is concerned, a separate order had been passed by
the learned Single Judge, wherein, in paragraph 8, it is stated as follows:-
" 8. In W.P.No.10695 of 2009, the challenge is to
the surcharge proceedings under Section 87(1) and in
https://www.mhc.tn.gov.in/judis/
W.A. No.559 of 2021
W.P.No.14710 of 2009, the challenge is to the
surcharge order passed under Section 87. In
W.P.No.22594 of 2009, it is an attachment notice
issued by the Deputy Registrar under Section 167. In
case of preliminary notice under Section 87(1). It is for
the petitioners to participate in the surcharge
proceedings. In case of final surcharge order as well
as attachment notice under Section 167, the Act
provides for a remedy by way of an appeal to the
cooperative Tribunal under Section 152. The said
Tribunal is presided by a Senior District Judge and has
all power of the civil Court in entertaining the appeal.
It also has power to grant interim orders if cases are
made out. Certainly, the Writ Petitions will not lie
challenge these proceedings."
3. Since the order under challenge before the learned Single
Judge is only an enquiry notice issued under Section 87(1), it is open to the
appellant/writ petitioner to participate in the surcharge proceedings and it is
premature for him to approach this Court. Hence, the Writ Petition was
rightly dismissed. We also see no reason to interfere with the same.
https://www.mhc.tn.gov.in/judis/
W.A. No.559 of 2021
4. Accordingly, the Writ Appeal is dismissed. It is open to the
appellant to participate in the surcharge proceedings. No costs.
[P.S.N., J.] [K.R., J.]
16.07.2021
Index : Yes/No
Internet : Yes/No
srn
To
1. The Deputy Registrar of Coop.Societies,
Pollachi Circle, Pollachi.
2. The Deputy Registrar of Coop.Societies,
Coimbatore Circle, Coimbatore.
3. The Special Officer,
Chenchery Malaiyadipalayam Farmers Service,
Coop.Society,
Chenchery Malaiyadipalayam,
Sulthanpet, Coimbatore.
https://www.mhc.tn.gov.in/judis/
W.A. No.559 of 2021
PUSHPA SATHYANARAYANA, J.
and
KRISHNAN RAMASAMY, J.
srn
W.A. No.559 of 2021
16.07.2021
https://www.mhc.tn.gov.in/judis/
